N. MOHAN Vs. THE DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition has been filed praying for issuance of a writ of certiorarified mandamus calling for the records relating to the order passed by the 1st respondent in his office Dis.No.976/13 -2, dated 13.2.2013 and to quash the same and to further direct the respondents to grant all monetary and concomitant benefits, which the petitioner is entitled to the post of Head Clerk within the time that may be fixed by this Court.

(2.) WHILE the petitioner was working as Head Clerk in the Judicial Magistrate Court No.II, Cheyyar, he was issued with a charge memo under Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules accusing that he did not hand over case properties in respect of as many as 12 cases, which includes three two wheelers (Two TVS -50 two wheelers and One Hero Majestic Panther two wheeler). He was also charged for making corrections in the Property Register. After initiation of disciplinary proceedings and following the procedure, enquiry was conducted, in which, he was found guilty of the charges levelled against him. Ultimately, the petitioner was imposed with the penalty of reversion to the lower cadre, namely to the cadre of Assistant with a direction to place him in the seniority list of Assistants at the bottom as on the date of reversion. In addition to fixing the period of reversion, the Disciplinary Authority has also issued a direction to the petitioner to pay a sum of Rs.18,500/ - towards the value of the three two wheelers. The said order of punishment came to be passed on 25.4.2006 in Dis.No.2449/2006.

(3.) THE 1st respondent has filed the counter -affidavit stating that as per the order dated 25.4.2006, the petitioner was reverted from the post of Head Clerk to the post of Assistant and was placed at the bottom of the seniority list of Assistants as on the date of reversion. It has also been stated that the entire cost of the case properties was ordered to be recovered in the DCRG amount and the said amount of Rs.18,500/ - was recovered from the DCRG amount on 24.2.2014 by way of Cheque bearing No. 561507 drawn in favour of the Judicial Magistrate, Arni and same was remitted into the Sub Treasury, Arni on 28.2.2014. It has also been contended that the punishment of reversion for 5 years, 7 months was in accordance with the rules and commensurate with the nature of delinquency.